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How much is the general penalty for the rental contract (the maximum compensation standard for the penalty for the rental contract)

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How much is the general penalty for the rental contract (the maximum compensation standard for the penalty for the rental contract)


        

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  • 2024-06-10 09:01:33

    According to the Civil Code, if the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties;

    If the agreed liquidated damages are too high than the losses caused, the people's court or arbitration institution may, at the request of the parties, appropriately reduce them.

    However, the liquidated damages are a kind of pre estimate of the possible losses caused by one party's breach of contract by both parties at the time of signing the contract, which cannot be fully consistent with the actual losses of the observant party after the breach of contract;

    Therefore, it can be submitted to the judge for discretion.

    In addition to exerting psychological pressure on the parties, the law stipulates that the predetermined liquidated damages also avoid the trouble of calculating the loss after the breach of contract and the trouble of proving the size of the loss, so that the parties can quickly determine their specific responsibilities.

    Therefore, if the parties need the court to increase the amount of default, or if the penalty is too high than the loss, they should bear the responsibility to prove the size of the loss.

    Under what conditions does the rental contract terminate in the Civil Code

    According to the Civil Code, the lessee and the lessor can terminate the lease contract if they reach consensus through consultation and legal circumstances arise, such as not using the house as agreed, not paying rent, etc.

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

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